FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012 Page: 3,773
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licenses from Auction No. 59,17 the Bureau has found that eleven other licensees met the first substantial
service deadline." Because many other MAS licensees have been able to meet their first substantial
service deadline, we do not find that there is a lack of viable, affordable equipment suitable for MAS
services that justify an extension.'9
8. Second, we reject CloudNine's allegation that it could not construct by its deadline
because the marketplace for MAS services has not yet developed in the markets where CloudNine holds
licenses.20 CloudNine has provided no evidence to support this claim. Third, we reject CloudNine's
claim that the effects of the global financial crisis on the equity markets prevented CloudNine from
building out its system.2' As detailed above, Section 1.946(e)(2) of the Commission's Rules specifically
precludes us from granting a construction extension request based on a licensee's failure to obtain
financing.U Further, we find that CloudNine's own statements show that it has not built out its license
areas because it has not yet developed a business plan for their use.23
9. CloudNine contends that granting an extension would harmonize the MAS buildout
requirement with other wireless services.24 In our view, this argument effectively constitutes an improper
and untimely request for reconsideration of the Commission's decision to impose a five-year buildout
requirement on MAS licensees, which we cannot and will not revisit.2s Therefore, we reject CloudNine's
17 See Waiver Request at 4.
n1 See File Nos. 0004344172-0004344175 (Portland General Electric); 0004348596-0004348602 and 0004359833-
0004359837 (Joe Wheeler Electric Membership Corporation); 0004359156, 0004359164 (People's Electric
Cooperative); 0004392412, 0004392436, 0004392447 (Tri-State Generation and Transmission Assn. Inc.);
0004411969-0004411980, 0004411982-0004411983, 0004411987-0004411988 (SCANA Services, Inc.);
0004413396, 0004413401, 0004418086 (Northern Indiana Public Service Company); 0004414593-0004414596
(Consolidated Edison Company of New York, Inc.); 0004417589, 0004417594, 0004418342 (Wisconsin Electric
Power Company); 21 applications filed by Alabama Power Company; 0004418897-0004418908 (Ameren Services);
19 applications filed by Sensus Spectrum, LLC. In addition, some MAS licensees who were issued licenses from
Auction No. 42 have met their first buildout requirement and placed their licenses in use. See, e.g., construction
notifications filed by Georgia Power Company (File Nos. 0002951489, et al.), Paging Systems, Inc. (File Nos.
0002961454, et al), and ConocoPhillips Communications, Inc. (File Nos. 0002971368, et al.).
19 Because other MAS licensees have been able to obtain MAS equipment and meet their deadlines, CloudNine
cannot rely on cases in which we have granted an extension of time to construct based on systemic problems that
affected all wireless licensees of a particular service. See Waiver Request at 4-5, citing Consolidated Request of the
WCS Coalition for Limited Waiver of Construction Deadline for 132 WCS Licenses, Order, 21 FCC Red 14134
(WTB 2006); Request of Warren C. Havens for Waiver of The Five-Year Construction Requirement For 220 MHz
Service Phase II Economic Area and Regional Licensees, Memorandum Opinion and Order, 19 FCC Red 12994
(WTB 2004); FCI 900, Inc. Expedited Request for 3-Year Extension of 900 MHz Band Construction Requirements,
Memorandum Opinion and Order, 16 FCC Red 11072 (WTB 2001).
20 Waiver Request at 1.
21 Waiver Request at 1, 5.
22 47 C.F.R. 1.946(c)(2).
23 CloudNine states: "If the envisioned system requires CPE then the high-cost of MAS Customer Premises
Equipment ("CPE") is a substantial constraint on MAS build-out and operations." Waiver Request at 4 (emphasis
24 Waiver Request at 3-4.
" A party must file petition for reconsideration within thirty days from the date of public notice of Commission
action. 47 U.S.C. 405(a); 47 C.F.R. 1.106(f). The United States Court of Appeals for the District of Columbia
Circuit has consistently held that the Commission cannot extend or waive this statutory thirty-day filing period,
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012, book, April 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc102307/m1/62/: accessed July 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.